Nev. Admin. Code § 439B.470 - Procedure to determine whether prohibited contract between hospital and practitioner exists
1. The department
shall:
(a) Establish a schedule for the
submission of a listing of all contracts between a hospital or a related entity
and a practitioner. The listing must indicate with respect to each contract:
(1) The type of contract, such as for rent,
for services as a medical director, or for some other purpose;
(2) The practitioner's name and
address;
(3) The effective date of
the contract; and
(4) The term of
the contract.
(b)
Request by registered mail the submission of the listing from hospitals
pursuant to paragraph (a). Each hospital which receives such a request shall
submit the listing within 30 days after receipt of the written
request.
(c) Within 30 days after
receipt of the listing from a hospital, schedule with the hospital an on-site
review of the actual contracts, agreements and records concerning the contracts
between the hospital or related entities and the practitioners. The hospital
must submit copies of any contracts or agreements which the department
requests.
2. If a
contract, agreement or record indicates that a violation of
NRS
439B.420 may have occurred, the director
shall allow the hospital or any other party to an agreement with the hospital
who is under investigation to provide additional information. The hospital
shall provide that information within 30 days after receipt of the written
notice from the director informing the hospital or party that it may provide
such additional information.
3.
Within 30 days after receipt of the additional information or after the period
for submitting the information has expired, the director shall:
(a) If he determines that there is reason to
believe a violation of
NRS
439B.420 has occurred, schedule and hold a
hearing pursuant to NAC 439B.520; or
(b) If he determines that there is not a
sufficient reason to believe that a violation of
NRS
439B.420 has occurred, notify the hospital in
writing of his determination.
4. The failure of the director to take action
within the periods specified in subsection 2 or 3 of this section shall not be
deemed an abandonment of the action or a determination that no violation
occurred.
5. Unless a public
hearing is held pursuant to subsection 3, all information submitted pursuant to
this section is confidential. The department shall not disclose that
information to any person.
Notes
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